REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3) S.B. 362 - *SB362* SENATE BILL NO. 362–SENATOR BUCK MARCH 17, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to gaming. (BDR 41-1026) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to gaming; requiring the Nevada Gaming Commission to adopt certain regulations relating to gaming; retaining the jurisdiction of the Nevada Gaming Control Board and the Commission under certain circumstances; revising provisions relating to certain institutional investors; revising certain provisions governing voting by the Commission; authorizing the Commission to reduce, defer or forgive certain fees under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes various provisions governing the licensing and control 1 of gaming in this State. (Chapter 463 of NRS) Existing regulations require each 2 person who is licensed to conduct restricted or nonrestricted gaming and who 3 engages in the issuance of credit, check cashing or the direct mail marketing of 4 gaming opportunities to implement a program related to allowing patrons to self-5 limit access to such credit, check cashing or direct mail marketing. (Nev. Gaming 6 Comm’n Regs. § 5.170) Section 2 of this bill codifies in statute the requirement for 7 the Commission to adopt regulations to implement such a program and expands the 8 program to include communications through direct marketing by mail, telephone, 9 text message or electronic mail. 10 Existing law provides for the issuance of restricted and nonrestricted licenses to 11 conduct gaming and defines a “nonrestricted license” as, among other things, a 12 state gaming license for, or an operation consisting of, 16 or more slot machines. 13 (NRS 463.0177) Section 3 of this bill: (1) requires the Commission to adopt 14 regulations and establish the necessary fees for a license to operate a tavern gaming 15 establishment; (2) sets forth the requirements for a tavern gaming establishment; 16 and (3) authorizes a tavern gaming establishment to, among other things, operate 25 17 or fewer gaming devices. Section 8 of this bill makes a conforming change to 18 – 2 – - *SB362* exclude a license for the operation of a tavern gaming establishment from the 19 definition of “nonrestricted license” for purposes of the provisions governing the 20 licensing and control of gaming. 21 Existing law requires the Nevada Gaming Control Board to make an 22 investigation and initiate a hearing by filing a complaint with the Commission if the 23 Board is satisfied that a person or entity which is licensed, registered, found 24 suitable or found preliminarily suitable or was previously approved for an activity 25 for which Commission approval was required or permitted should have its license, 26 registration, finding of suitability or preliminary finding of suitability limited, 27 conditioned, suspended, revoked or fined. (NRS 463.310) Section 4 of this bill: (1) 28 retains the jurisdiction of the Board and the Commission after a person or entity 29 who is licensed, registered, found suitable or preliminarily found suitable is no 30 longer engaged in the activity or position for which Commission approval was 31 required; and (2) provides that the surrender or attempted surrender of a license, 32 registration, finding of suitability or preliminary finding of suitability is not 33 effective until accepted by the Board. Existing law also provides that a voluntary 34 surrender of a license by a licensee does not become effective until accepted in the 35 manner prescribed by regulations adopted by the Commission. (NRS 463.270) 36 Section 10 of this bill provides instead that such a voluntary surrender does not 37 become effective until accepted in the manner provided by the Board. 38 Existing law defines “interactive gaming” and authorizes certain gaming 39 establishments to obtain a license to operate interactive gaming. (NRS 463.016425, 40 463.750) Section 5 of this bill requires the Commission, with the advice and 41 assistance of the Board, to adopt regulations governing interactive gaming that 42 allow for a sports pool, including the acceptance of wagers on sporting events and 43 other events from patrons located within and outside of this State. Section 7 of this 44 bill revises the definition of “interactive gaming” to include a sports pool, which by 45 definition means the business of accepting wagers on sporting events or other 46 events by any system or method of wagering. (NRS 463.0193) Section 14 of this 47 bill makes a conforming change to exclude interactive gaming from the criminal 48 penalties for accepting, receiving or allowing another to accept or receive a wager 49 from a person physically present in this State. (NRS 465.092, 465.093) 50 Existing law requires certain persons to apply for and obtain a finding of 51 suitability, license or registration from the Nevada Gaming Commission under 52 certain circumstances. (NRS 463.530, 463.585, 463.595, 463.643) Existing 53 regulations define “institutional investor” for certain purposes related to gaming. 54 (Nev. Gaming Comm’n Regs. § 16.010) Section 6 of this bill codifies the definition 55 of institutional investor for certain purposes and prohibits such an investor from 56 becoming eligible to receive or hold a waiver granted by the Commission under 57 certain circumstances. 58 Existing law provides that after a final order of the Board recommending denial 59 of an application for a license, registration, finding of suitability or approval, the 60 Commission may: (1) deny the application; (2) reject the application; (3) remand 61 the matter to the Board for further investigation and reconsideration; or (4) by 62 unanimous vote of the members present, grant the application. (NRS 463.220) 63 Section 9 of this bill authorizes the Commission, after receiving a final order of the 64 Board recommending approval of such an application, to deny the application by 65 unanimous vote of the members present. 66 Under existing law, a state of emergency or a declaration of disaster may be 67 proclaimed by the Governor or by resolution of the Legislature if the Governor or 68 Legislature, as applicable, finds that: (1) an attack upon the United States has 69 occurred or is anticipated in the immediate future, or any natural, technological or 70 man-made emergency or disaster of major proportions has actually occurred within 71 this State; and (2) the protection of the safety and welfare of the inhabitants of this 72 State requires an invocation of certain additional governmental powers. 73 – 3 – - *SB362* (NRS 414.070) Sections 11-13 of this bill authorize the Commission, in response to 74 a state of emergency or declaration of disaster proclaimed by the Governor or by 75 resolution of the Legislature, to reduce, defer or forgive certain fees charged to a 76 licensee. 77 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 463 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 6, inclusive, of this 2 act. 3 Sec. 2. The Commission shall by regulation provide for the 4 establishment of a program that allows a patron of a licensee who 5 engages in the issuance of credit, check cashing or direct 6 marketing of gaming opportunities to self-limit access to the 7 issuance of credit, check cashing or direct marketing of gaming 8 opportunities. The program must include, without limitation: 9 1. The development of written materials for dissemination to 10 a patron explaining the program. 11 2. The development of written forms allowing a patron to 12 participate in the program. 13 3. Standards and procedures that allow a patron to be 14 prohibited from access to check cashing, the issuance of credit 15 and the participation in direct marketing of gaming opportunities. 16 4. Standards and procedures that allow a patron to be 17 removed from direct marketing that conveys a gaming opportunity 18 from a licensee, including, without limitation, communications 19 through: 20 (a) Mail; 21 (b) Telephone; 22 (c) Text message; or 23 (d) Electronic mail. 24 As used in this subsection, “gaming opportunity” means a free 25 play or rebate offer, a tournament entry offer or any other offer or 26 promotion that may directly or indirectly be used as a wager. 27 5. Procedures and forms with which a patron may notify a 28 designated officer of a licensee within 10 days after the receipt of 29 any direct marketing pursuant to subsection 4. 30 Sec. 3. 1. Notwithstanding any other provision of law, the 31 Commission shall adopt regulations and establish the necessary 32 fees for a license to operate a tavern gaming establishment. 33 2. A tavern gaming establishment must meet the following 34 requirements: 35 – 4 – - *SB362* (a) The primary business of the establishment must be the sale 1 of alcoholic beverages for on-premises consumption as authorized 2 pursuant to chapter 369 of NRS; 3 (b) The establishment must have a permanent physical bar 4 with individual seating for not less than nine patrons at all times; 5 (c) The establishment must occupy an area of at least 2,000 6 square feet which is open and available for use by patrons, with 7 seating capacity for not less than 20 persons not engaged in 8 gaming activities; and 9 (d) The establishment must operate a restaurant. As used in 10 this paragraph, “restaurant” means a business that sells and 11 prepares food for immediate consumption, which may involve 12 cooking from raw ingredients or reheating pre-cooked food, offers 13 a fixed menu and provides a designated area for patrons to 14 consume meals. The term does not require a full-sized kitchen. 15 3. A tavern gaming establishment licensed pursuant to this 16 section may offer the following gaming activities: 17 (a) The operation of 25 or fewer gaming devices; 18 (b) The operation of self-service wagering kiosks, which allow 19 a patron to create and manage wagering accounts and place bets 20 on authorized gaming activities; and 21 (c) The sale of lottery tickets, if authorized by this State. 22 Sec. 4. 1. The jurisdiction of the Board to investigate and 23 initiate a hearing before the Commission pursuant to NRS 24 463.310, and the jurisdiction of the Commission to conduct 25 proceedings and impose discipline in accordance with this section 26 and NRS 463.310 to 463.3145, inclusive, is fully retained and is 27 not divested in any circumstance where a person or entity licensed, 28 registered, found suitable or preliminarily found suitable by the 29 Commission pursuant to this chapter or chapter 462, 464 or 466 of 30 NRS is no longer engaged in the activity or in the position for 31 which Commission approval was required. 32 2. The surrender or attempted surrender of a license, 33 registration, finding of suitability or preliminary finding of 34 suitability is not effective until accepted by the Board. 35 Sec. 5. The Commission shall, with the advice and assistance 36 of the Board, adopt regulations governing interactive gaming that 37 allow for a sports pool, including the acceptance of wagers on 38 sporting events and other events from patrons located within and 39 outside of this State. 40 Sec. 6. 1. For the purposes of subsection 4 of NRS 463.643, 41 an institutional investor is not eligible to receive or hold a waiver 42 granted by the Commission if the institutional investor: 43 – 5 – - *SB362* (a) Will own, directly or indirectly, more than 25 percent of the 1 voting securities of the publicly traded corporation acquired other 2 than through a debt restructuring; and 3 (b) Holds the voting securities for investment purposes only. 4 2. An institutional investor that has been granted a waiver by 5 the Commission may own more than 25 percent but not more than 6 29 percent, at any given time, of any class of the voting securities 7 of the publicly traded corporation if such additional ownership 8 results from a stock repurchase program and the institutional 9 investor does not acquire additional voting securities of the 10 publicly traded corporation. 11 3. For the purposes of NRS 463.530, 463.585 and 463.595, an 12 institutional investor is not eligible to receive or hold a waiver 13 granted by the Commission if: 14 (a) It will own, directly or indirectly, more than 25 percent of 15 the voting or equity securities of the corporate licensee or a 16 holding company acquired other than through a debt 17 restructuring; and 18 (b) The voting or equity securities held do not, directly or 19 indirectly, allow the investor to vote for the election of members of 20 the board of directors or cause any action which the Commission 21 finds to be inconsistent with investment purposes. 22 4. As used in this section, “institutional investor” means: 23 (a) A bank, as defined in the Securities Exchange Act of 1934, 24 15 U.S.C. § 78c(a)(6); 25 (b) An insurance company, as defined in the Investment 26 Company Act of 1940, 15 U.S.C. § 80a-2(a)(17), as amended; 27 (c) An investment company registered under the Investment 28 Company Act of 1940, 15 U.S.C. § 80a-8, as amended; 29 (d) An investment advisor registered under the Investment 30 Advisers Act of 1940, 15 U.S.C. § 80b-3, as amended; 31 (e) Collective trust funds, as defined in the Investment 32 Company Act of 1940, 15 U.S.C. § 80a-3(e)(11), as amended; 33 (f) An employee benefit plan or pension fund that is subject to 34 the Employee Retirement Income Security Act of 1974, as 35 amended, other than an employee benefit plan or pension fund 36 sponsored by a publicly traded corporation registered with the 37 Commission; 38 (g) A state or federal government pension plan; 39 (h) A group comprised entirely of persons specified in 40 paragraphs (a) to (g), inclusive; or 41 (i) Such other persons as the Commission determines for 42 reasons consistent with the policies of this State pursuant to NRS 43 463.0129 and 463.489. 44 – 6 – - *SB362* Sec. 7. NRS 463.016425 is hereby amended to read as 1 follows: 2 463.016425 1. “Interactive gaming” means the conduct of 3 gambling games through the use of communications technology that 4 allows a person, utilizing money, checks, electronic checks, 5 electronic transfers of money, credit cards, debit cards or any other 6 instrumentality, to transmit to a computer information to assist in 7 the placing of a bet or wager and corresponding information related 8 to the display of the game, game outcomes or other similar 9 information. The term: 10 (a) Includes, without limitation, Internet poker [.] and a sports 11 pool. 12 (b) Does not include the operation of a race book [or sports 13 pool] that uses communications technology approved by the Board 14 pursuant to regulations adopted by the Commission to accept wagers 15 originating within this state for races . [, or sporting events or other 16 events.] 17 2. As used in this section, “communications technology” 18 means any method used and the components employed by an 19 establishment to facilitate the transmission of information, 20 including, without limitation, transmission and reception by systems 21 based on wire, cable, radio, microwave, light, optics or computer 22 data networks, including, without limitation, the Internet and 23 intranets. 24 Sec. 8. NRS 463.0177 is hereby amended to read as follows: 25 463.0177 “Nonrestricted license” or “nonrestricted operation” 26 means: 27 1. [A] Except as otherwise provided in section 3 of this act, a 28 state gaming license for, or an operation consisting of, 16 or more 29 slot machines; 30 2. A license for, or operation of, any number of slot machines 31 together with any other game, gaming device, race book or sports 32 pool at one establishment; or 33 3. A license for, or the operation of, a slot machine route. 34 Sec. 9. NRS 463.220 is hereby amended to read as follows: 35 463.220 1. The Board shall present its final order upon an 36 application to the Commission at the next meeting of the 37 Commission. 38 2. The Commission may, after considering the 39 recommendation of the Board, issue to the applicant named, as a 40 natural person, and to the licensed gaming establishment, as a 41 business entity, under the name or style therein designated, a state 42 gaming license, or deny the same. The Commission may limit the 43 license or place such conditions thereon as it may deem necessary in 44 the public interest. The Commission may, if it considers necessary, 45 – 7 – - *SB362* issue a probationary license. No state gaming license may be 1 assigned either in whole or in part. 2 3. The Commission may limit or place such conditions as it 3 may deem necessary in the public interest upon any registration, 4 finding of suitability or approval for which application has been 5 made. 6 4. After final order of the Board recommending [denial] : 7 (a) Denial of an application, the Commission, after considering 8 the recommendation of the Board, may: 9 [(a)] (1) Deny the application; 10 [(b)] (2) Reject the application; 11 [(c)] (3) Remand the matter to the Board for such further 12 investigation and reconsideration as the Commission may order; or 13 [(d)] (4) By unanimous vote of the members present, grant the 14 application for a license, registration, finding of suitability or 15 approval. 16 (b) Approval of an application, the Commission, after 17 considering the recommendation of the Board, may, by 18 unanimous vote of the members present, deny the application for a 19 license, registration, finding of suitability or approval. 20 For the purposes of this section, a tie vote of the Board upon an 21 application does not constitute a recommendation of denial of the 22 application. A rejection of the application does not constitute a 23 determination of the suitability of the applicant or a denial of the 24 application of the applicant. 25 5. If the Commission is not satisfied that an applicant approved 26 by the Board is qualified to be licensed under this chapter, the 27 Commission may cause to be made such investigation into and 28 conduct such hearings concerning the qualifications of the applicant 29 in accordance with its regulations as it may deem necessary. 30 6. If the Commission desires further investigation be made or 31 to conduct any hearings, it shall, within 30 days after presentation of 32 the recommendation of the Board so notify the applicant and set a 33 date for hearing, if a hearing is requested by the applicant. Final 34 action by the Commission must be taken within 120 days after the 35 recommendation of the Board has been presented to the 36 Commission. Failure of the Commission to take action within 120 37 days shall be deemed to constitute approval of the applicant by the 38 Commission, and a license must be issued forthwith upon 39 compliance by the applicant with the provisions of NRS 463.225. 40 7. The Commission has full and absolute power and authority 41 to deny any application for any cause it deems reasonable. If an 42 application is denied, the Commission shall prepare and file its 43 written decision upon which its order denying the application is 44 based. 45 – 8 – - *SB362* Sec. 10. NRS 463.270 is hereby amended to read as follows: 1 463.270 1. Subject to the power of the Commission to deny, 2 revoke, suspend, condition or limit licenses, any state license in 3 force may be renewed by the Commission for the next succeeding 4 license period upon proper application for renewal and payment of 5 state license fees and taxes as required by law and the regulations of 6 the Commission. 7 2. All state gaming licenses are subject to renewal on the first 8 day of each January and all quarterly state gaming licenses on the 9 first day of each calendar quarter thereafter. 10 3. Application for renewal must be filed with the Commission, 11 and all state license fees and taxes required by law, including, 12 without limitation, NRS 368A.200, 463.370, 463.373 to 463.3855, 13 inclusive, 463.660, 464.015 and 464.040, must be paid to the Board 14 on or before the dates respectively provided by law for each fee or 15 tax. 16 4. Application for renewal of licenses for slot machines only 17 must be made by the operators of the locations where such machines 18 are situated. 19 5. Any person failing to pay any state license fees or taxes due 20 at the times respectively provided shall pay in addition to such 21 license fees or taxes a penalty of not less than $50 or 25 percent of 22 the amount due, whichever is the greater, but not more than $1,000 23 if the fees or taxes are less than 10 days late and in no case in excess 24 of $5,000. The penalty must be collected as are other charges, 25 license fees and penalties under this chapter. 26 6. Any person who operates, carries on or exposes for play any 27 gambling game, gaming device or slot machine or who 28 manufactures, sells or distributes any gaming device, equipment, 29 material or machine used in gaming after the person’s license 30 becomes subject to renewal, and thereafter fails to apply for renewal 31 as provided in this section, is guilty of a misdemeanor and, in 32 addition to the penalties provided by law, is liable to the State of 33 Nevada for all license fees, taxes and penalties which would have 34 been due upon application for renewal. 35 7. If any licensee or other person fails to renew his or her 36 license as provided in this section, the Commission may order the 37 immediate closure of all his or her gaming activity until the license 38 is renewed by the payment of the necessary fees, taxes, interest and 39 any penalties. Except for a license for which fees are based on the 40 gross revenue of the licensee, failure to renew a license within 30 41 days after the date required by this chapter shall be deemed a 42 surrender of the license. 43 8. The voluntary surrender of a license by a licensee does not 44 become effective until accepted in the manner provided [in the 45 – 9 – - *SB362* regulations of the Commission.] by the Board. The surrender of a 1 license does not relieve the former licensee of any penalties, fines, 2 fees, taxes or interest due. 3 Sec. 11. NRS 463.370 is hereby amended to read as follows: 4 463.370 1. Except as otherwise provided in this section and 5 NRS 463.373, the Commission shall charge and collect from each 6 licensee a license fee based upon all the gross revenue of the 7 licensee as follows: 8 (a) Three and one-half percent of all the gross revenue of the 9 licensee which does not exceed $50,000 per calendar month; 10 (b) Four and one-half percent of all the gross revenue of the 11 licensee which exceeds $50,000 per calendar month and does not 12 exceed $134,000 per calendar month; and 13 (c) Six and three-quarters percent of all the gross revenue of the 14 licensee which exceeds $134,000 per calendar month. 15 2. Unless the licensee has been operating for less than a full 16 calendar month, the Commission shall charge and collect the fee 17 prescribed in subsection 1, based upon the gross revenue for the 18 preceding calendar month, on or before the 15th day of the 19 following month. Except for the fee based on the first full month of 20 operation, the fee is an estimated payment of the license fee for the 21 third month following the month whose gross revenue is used as its 22 basis. 23 3. When a licensee has been operating for less than a full 24 calendar month, the Commission shall charge and collect the fee 25 prescribed in subsection 1, based on the gross revenue received 26 during that month, on or before the 15th day of the following 27 calendar month of operation. After the first full calendar month of 28 operation, the Commission shall charge and collect the fee based on 29 the gross revenue received during that month, on or before the 15th 30 day of the following calendar month. The payment of the fee due for 31 the first full calendar month of operation must be accompanied by 32 the payment of a fee equal to three times the fee for the first full 33 calendar month. This additional amount is an estimated payment of 34 the license fees for the next 3 calendar months. Thereafter, each 35 license fee must be paid in the manner described in subsection 2. 36 Any deposit held by the Commission on July 1, 1969, must be 37 treated as an advance estimated payment. 38 4. All revenue received from any game or gaming device 39 which is operated on the premises of a licensee, regardless of 40 whether any portion of the revenue is shared with any other person, 41 must be attributed to the licensee for the purposes of this section and 42 counted as part of the gross revenue of the licensee. Any other 43 person who is authorized to receive a share of the revenue from any 44 game or gaming device that is operated on the premises of a licensee 45 – 10 – - *SB362* is liable to the licensee for that person’s proportionate share of the 1 license fees paid by the licensee pursuant to this section and shall 2 remit or credit the full proportionate share to the licensee on or 3 before the 15th day of each calendar month. A licensee is not liable 4 to any other person authorized to receive a share of the licensee’s 5 revenue from any game or gaming device that is operated on the 6 premises of the licensee for that person’s proportionate share of the 7 license fees to be remitted or credited to the licensee by that person 8 pursuant to this section. 9 5. Any person required to pay a fee pursuant to this section 10 shall file with the Commission, on or before the 15th day of each 11 calendar month, a report showing the amount of all gross revenue 12 received during the preceding calendar month. Each report must be 13 accompanied by: 14 (a) The fee due based on the revenue of the month covered by 15 the report; and 16 (b) An adjustment for the difference between the estimated fee 17 previously paid for the month covered by the report, if any, and the 18 fee due for the actual gross revenue earned in that month. If 19 the adjustment is less than zero, a credit must be applied to the 20 estimated fee due with that report. 21 6. If the amount of license fees required to be reported and paid 22 pursuant to this section is later determined to be greater or less than 23 the amount actually reported and paid, the Commission shall: 24 (a) Charge and collect the additional license fees determined to 25 be due, with interest thereon until paid; or 26 (b) Refund any overpayment to the person entitled thereto 27 pursuant to this chapter, with interest thereon. 28 Interest pursuant to paragraph (a) must be computed at the rate 29 prescribed in NRS 17.130 from the first day of the first month 30 following the due date of the additional license fees until paid. 31 Interest pursuant to paragraph (b) must be computed at one-half the 32 rate prescribed in NRS 17.130 from the first day of the first month 33 following the date of overpayment until paid. 34 7. Failure to pay the fees provided for in this section shall be 35 deemed a surrender of the license at the expiration of the period for 36 which the estimated payment of fees has been made, as established 37 in subsection 2. 38 8. Except as otherwise provided in NRS 463.386, the amount 39 of the fee prescribed in subsection 1 must not be prorated. 40 9. Except as otherwise provided in NRS 463.386, if a licensee 41 ceases operation, the Commission shall: 42 (a) Charge and collect the additional license fees determined to 43 be due with interest computed pursuant to paragraph (a) of 44 subsection 6; or 45 – 11 – - *SB362* (b) Refund any overpayment to the licensee with interest 1 computed pursuant to paragraph (b) of subsection 6, 2 based upon the gross revenue of the licensee during the last 3 3 months immediately preceding the cessation of operation, or 4 portions of those last 3 months. 5 10. If in any month, the amount of gross revenue is less than 6 zero, the licensee may offset the loss against gross revenue in 7 succeeding months until the loss has been fully offset. 8 11. If in any month, the amount of the license fee due is less 9 than zero, the licensee is entitled to receive a credit against any 10 license fees due in succeeding months until the credit has been fully 11 offset. 12 12. The Commission may, in response to a state of emergency 13 or declaration of disaster proclaimed by the Governor or by 14 resolution of the Legislature pursuant to NRS 414.070: 15 (a) Reduce any fee required pursuant to this section based on 16 the actual gross gaming revenue generated during the state of 17 emergency or declaration of disaster. The reduction must be 18 proportional to the decrease in revenue experienced by the 19 licensee as determined by the Board. 20 (b) Allow a licensee to defer any monthly payment in an 21 amount and for a duration as determined by the Commission. 22 (c) Forgive the fees accrued if the licensee demonstrates 23 significant financial hardship resulting from the state of 24 emergency or declaration of disaster. 25 Sec. 12. NRS 463.373 is hereby amended to read as follows: 26 463.373 1. Before issuing a state gaming license to an 27 applicant for a restricted operation, the Commission shall charge 28 and collect from the applicant for each slot machine for each quarter 29 year: 30 (a) A license fee of $81 for each slot machine if the applicant 31 will have at least 1 but not more than 5 slot machines. 32 (b) A license fee of $405 plus $141 for each slot machine in 33 excess of 5 if the applicant will have at least 6 but not more than 15 34 slot machines. 35 2. The Commission shall charge and collect the fee prescribed 36 in subsection 1: 37 (a) On or before the last day of the last month in a calendar 38 quarter, for the ensuing calendar quarter, from a licensee whose 39 operation is continuing. 40 (b) In advance from a licensee who begins operation or puts 41 additional slot machines into play during a calendar quarter. 42 3. Except as otherwise provided in subsection 6 and NRS 43 463.386, no proration of the fee prescribed in subsection 1 may be 44 allowed for any reason. 45 – 12 – - *SB362* 4. The operator of the location where slot machines are situated 1 shall pay the fee prescribed in subsection 1 upon the total number of 2 slot machines situated in that location, whether or not the machines 3 are owned by one or more licensee-owners. 4 5. Any person who is authorized to receive a share of the 5 revenue from any slot machine that is operated on the premises of a 6 licensee is liable to the licensee for that person’s proportionate share 7 of the fee prescribed in subsection 1 and shall remit or credit his or 8 her full proportionate share to the licensee on or before the last day 9 of the last month in a calendar quarter, if the licensee is paying the 10 fee in accordance with paragraph (a) of subsection 2, or, if the 11 licensee is paying the fee in accordance with paragraph (b) of 12 subsection 2, on or before the date on which the licensee pays the 13 fee. A licensee is not liable to any person who is authorized to 14 receive a share of the revenue from any slot machine that is operated 15 on the premises of the licensee for that person’s proportionate share 16 of the fee prescribed in subsection 1. 17 6. The Commission may, in response to a state of emergency 18 or declaration of disaster proclaimed by the Governor or by 19 resolution of the Legislature pursuant to NRS 414.070: 20 (a) Reduce any fee required pursuant to this section based on 21 the actual gross gaming revenue generated during the state of 22 emergency or declaration of disaster. The reduction must be 23 proportional to the decrease in revenue experienced by the 24 licensee as determined by the Board. 25 (b) Allow a licensee to defer any monthly payment in an 26 amount and for a duration as determined by the Commission. 27 (c) Forgive the fees accrued if the licensee demonstrates 28 significant financial hardship resulting from the state of 29 emergency or declaration of disaster. 30 Sec. 13. NRS 463.375 is hereby amended to read as follows: 31 463.375 1. In addition to any other state gaming license fees 32 provided for in this chapter, before issuing a state gaming license to 33 an applicant for a nonrestricted operation, the Commission shall 34 charge and collect from the applicant a license fee of $80 for each 35 slot machine for each calendar year. 36 2. The Commission shall charge and collect the fee prescribed 37 in subsection 1, at the rate of $20 for each slot machine for each 38 calendar quarter: 39 (a) On or before the last day of the last month in a calendar 40 quarter, for the ensuing calendar quarter, from a licensee whose 41 operation is continuing. 42 (b) In advance from a licensee who begins operation or puts 43 additional slot machines into play during a calendar quarter. 44 – 13 – - *SB362* 3. Except as provided in subsection 6 and NRS 463.386, no 1 proration of the quarterly amount prescribed in subsection 2 may be 2 allowed for any reason. 3 4. The operator of the location where slot machines are situated 4 shall pay the fee prescribed in subsection 1 upon the total number of 5 slot machines situated in that location, whether the machines are 6 owned by one or more licensee-owners. 7 5. Any other person who is authorized to receive a share of the 8 revenue from any slot machine that is operated on the premises of a 9 licensee is liable to the licensee for that person’s proportionate share 10 of the license fees paid by the licensee pursuant to this section and 11 shall remit or credit the full proportionate share to the licensee on or 12 before the dates set forth in subsection 2. A licensee is not liable to 13 any other person authorized to receive a share of the licensee’s 14 revenue from any slot machine that is operated on the premises of a 15 licensee for that person’s proportionate share of the license fees to 16 be remitted or credited to the licensee by that person pursuant to this 17 section. 18 6. The Commission may, in response to a state of emergency 19 or declaration of disaster proclaimed by the Governor or by 20 resolution of the Legislature pursuant to NRS 414.070: 21 (a) Reduce any fee required pursuant to this section based on 22 the actual gross gaming revenue generated during the state of 23 emergency or declaration of disaster. The reduction must be 24 proportional to the decrease in revenue experienced by the 25 licensee as determined by the Board. 26 (b) Allow a licensee to defer any monthly payment in an 27 amount and for a duration as determined by the Commission. 28 (c) Forgive the fees accrued if the licensee demonstrates 29 significant financial hardship resulting from the state of 30 emergency or declaration of disaster. 31 Sec. 14. NRS 465.094 is hereby amended to read as follows: 32 465.094 The provisions of NRS 465.092 and 465.093 do not 33 apply to global risk management pursuant to NRS 463.810 and 34 463.820 , interactive gaming pursuant to section 5 of this act or to 35 a wager placed by a person for the person’s own benefit or, without 36 compensation, for the benefit of another that is accepted or received 37 by, placed with, or sent, transmitted or relayed to: 38 1. A race book or sports pool that is licensed pursuant to 39 chapter 463 of NRS, if the wager is accepted or received within this 40 State and otherwise complies with all other applicable laws and 41 regulations concerning wagering; 42 2. A person who is licensed to engage in off-track pari-mutuel 43 wagering pursuant to chapter 464 of NRS, if the wager is accepted 44 or received within this State and otherwise complies with 45 – 14 – - *SB362* subsection 3 of NRS 464.020 and all other applicable laws and 1 regulations concerning wagering; 2 3. Any other person or establishment that is licensed to engage 3 in wagering pursuant to title 41 of NRS, if the wager is accepted or 4 received within this State and otherwise complies with all other 5 applicable laws and regulations concerning wagering; or 6 4. Any other person or establishment that is licensed to engage 7 in wagering in another jurisdiction and is permitted to accept or 8 receive a wager from patrons within this State under an agreement 9 entered into by the Governor pursuant to NRS 463.747. 10 H